McNamee v. Eighth Judicial District CourtAnnotate this Case
The Supreme Court overruled Barto v. Weishaar, 692 P.2d 498 (Nev. 1985), and its conclusion that a suggestion of death emanating from the deceased party must identify the deceased party's successor or representative to trigger the deadline set forth in Nev. R. Civ. P. 25(a)(1) to file a motion to substitute, holding that Barto expanded rule 25(a)(1) beyond its plain language.
James McNamee was sued for damages. During the litigation, McNamee died. Counsel for McNamee filed a suggestion of death without naming a successor or representative. Thereafter, the probate court appointed Susan Clokey as special administrator to defend the negligence suit. McNamee's attorney later filed a motion to substitute Clokey as the party defendant in the negligence suit. The district court denied the motion and named Fred Waid as general administrator of McNamee's estate. McNamee's attorney moved to dismiss the personal injury case because his motion to substitute had been denied. The district court denied the motion and substituted Waid as the defendant in place of McNamee. The Supreme Court held (1) a suggestion of death that is properly served triggers the deadline for filing a motion to substitute regardless of whether it identifies the deceased party's successor or representative; and (2) the trial court abused its discretion when it denied Petitioner's motion to substitute.